Rules: Proceedings Before Trial

3.1 Pleadings To Be Readily Comprehensible

(a) Multiple count pleadings. If a pleading contains multiple counts or affirmative defenses, each count or defense shall bear a short title concisely stating the theory of liability or defense. If the pleading is filed on behalf of or against multiple parties and all such parties are not asserting the same claims or defenses as to all opposing parties, the title of each count or defense shall also concisely designate the subgroup of parties to whom it pertains.

(b) Incorporation by reference. If the incorporation of facts by reference to another pleading or to another part of the same pleading will cause a pleading not to be readily comprehensible, such facts shall be realleged verbatim. This rule does not prohibit the incorporation of facts as permitted by Supreme Court Rule 134 provided that the pleading remains readily comprehensible.

3.2 Written Interrogatories

(a) Standard form and procedure. The party serving written Interrogatories shall provide one copy to each party required to answer the interrogatories. The interrogatories shall be reasonably spaced so as to permit the answering party to make his answer on the interrogatories. The answering party may attach an addendum to the copy if the space provided is insufficient. If an addendum is attached, it must clearly refer to the question being answered.

(b) Limitation on Interrogatories. No party shall serve on any other party more than 30 written interrogatories in the aggregate, including subsections, without leave of court or agreement of the parties. Leave of court is not required for Supreme Court Rule 213(e) pretrial interrogatories for supplemental disclosure of persons having knowledge of relevant facts.

3.3 Discovery Documents

(a) Restrictive filing. Depositions, interrogatories, requests, answers or responses thereto and other discovery documents shall not be filed with the Clerk of the Court except as necessary to resolve disputed issues of procedure, fact, or substantive law. Depositions offered for the foregoing purposes shall be filed pursuant to Supreme Court Rule 207(b)(1).

(b) Proof of serving and answering discovery documents. Discovery documents may be served and answered personally or by U.S. Mail. Proof of serving or answering discovery documents shall be filed with the Clerk of the Court and shall contain the case title and number, date mailed or personally served, the sending and receiving parties and adequately identify the particular discovery documents being served or answered. The proof of service, upon being filed with the Clerk of the Court, shall be prima facie evidence that such document was served or answered.

3.4 Felony Arraignments

At the arraignment of defendants charged with criminal offenses and upon a plea of not guilty, the court may enter discovery orders on the State and defense counsel with a time designated for compliance, shall direct that all motions be on file within a time specified by the court, and shall place the cause on a judge's trial calendar.

3.5 Pretrial Conferences

(a) Requirement of pretrial conference. At least one pretrial conference shall be held in all civil actions and the attorneys who expect to try the case shall attend said conference. The court shall set the time, date and place of the pretrial conference and direct that notice be given to all interested parties. Upon motion of any party, or on its own motion, the court may order additional pretrial conferences or docket calls.

(b) Summary statement of points and authorities. Unless waived by the court, at least seven (7) days prior to a contested trial, the parties shall submit to the court and opposing counsel a summary statement of points and authorities citing all cases and statutes which they expect to argue. The statement may be in summary form similar to that provided in Supreme Court Rule 341 (e)(1). Unless otherwise directed by the court, this rule shall not apply to misdemeanor, traffic, ordinance and small claims cases.

(c) Settlement prior to trial. In the event of settlement prior to a scheduled pretrial conference or prior to trial, the attorneys shall forthwith notify the judge that the cause has been settled.

(d) Criminal and traffic docket call. In all criminal and traffic cases where there has been a demand for trial by jury, the court may schedule a docket call and direct that notice be given to the State and defendant's attorney of record, or, if the defendant is unrepresented, to the defendant at his or her last known address. The notice shall be given by the Clerk of the Court by regular U.S. Mail at least fourteen (14) days prior to the docket call. Attorneys of record who will try the case and pro se defendants are required to be present at the docket call.

3.6 Marking of Exhibits - Pretrial marking of exhibits

At the pretrial conference or at any other time as may be designated by the court, the court may direct that the parties produce all of the exhibits they expect to offer into evidence. Each of the exhibits shall thereupon be marked for identification either by the court reporter, clerk, or attorneys, as the court may direct. The parties shall then stipulate as to the exhibits to which there are no objections, and such exhibits shall be admitted into evidence without the necessity of further foundation. Any exhibit identified before or during the course of a trial shall thereafter be kept in the custody of the Clerk of the Court unless otherwise directed by the court.

3.7 Dismissal For Want Of Prosecution

(a) Procedure.In all cases where no appeal is pending and there has been no action of record for a period of eighteen (18) months, the court may summarily dismiss the cause of action and it shall not thereafter be redocketed without both good cause shown and leave of court.

(b) Notice of dismissal. Upon dismissal of any cause for want of prosecution, the Clerk of the Court shall give all pro se parties and all attorneys of record notice of the dismissal by regular U.S. Mail within fourteen (14) days of the dismissal. A copy of the notice with the Clerk's certificate of mailing shall be made of record. Such cases shall not be redocketed if a motion to reinstate is not filed within thirty-five (35) days from the date of dismissal.